Legislature(2017 - 2018)CAPITOL 106
04/24/2018 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SB134 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 198 | TELECONFERENCED | |
| + | SB 134 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 134-TERMINATION OF PARENTAL RTS;GUARDIANS
3:03:48 PM
CHAIR SPOHNHOLZ announced that the only order of business would
be SENATE BILL NO. 134, "An Act relating to the appointment of
guardians ad litem; relating to petitions and proceedings for
termination of parental rights; and amending Rules 1 and 6,
Alaska Adoption Rules."
3:04:10 PM
SENATOR BERTA GARDNER, Alaska State Legislature, explained that
SB 134 clarified existing policy, that currently under Alaska
statute there were three reasons to terminate parental rights:
if a child in need of aid has been subjected to abuse or
abandonment; under certain circumstances, to free a child for
adoption; and when a child is conceived in rape. She stated
that the purpose of proposed SB 134 was to make this existing
policy "abundantly clear" by adding language that a parent,
whose child was conceived in rape, can terminate parental
rights. She emphasized that in all cases this had to be under a
court order and deemed to be in the best interests of the child.
She pointed out that this offered an important alternative and
consideration for a woman who was pregnant following a rape,
"that she doesn't have to be locked into a lifetime with the
rapist."
3:06:18 PM
NATHANIEL GRABMAN, Staff, Senator Berta Gardner, Alaska State
Legislature, shared the history of AS 25.23.180(c)(3), enacted
by the Alaska State Legislature in 1987, and declared that the
legislative intent had been to create a legal mechanism to allow
a mother to terminate the parental rights of a rapist father.
In 2015, Congress passed the Rape Survivor Child Custody Act,
which allocated annual grant funding to states which qualified
by having existing statute which allowed for termination of
parental rights in those instances. He shared that, even with
federal approval of this grant funding to Alaska, within the
state there was still confusion about the law. He explained
that, in 1987, as there was already termination of parental
rights language in statute, it was thought to be more efficient
to "nest the termination of parental rights in cases where the
child was conceived through rape within the adoption section of
law." This made the law less obvious and more difficult to
find. As it was not a well-known law, the goal of the proposed
bill was to raise understanding that this could be done through
an independent proceeding which did not involve adoption of a
child in need of aid proceeding.
3:09:02 PM
MR. GRABMAN paraphrased from the Sectional Analysis [Included in
members' packets], which read:
Section 1. Conforms a cross-reference for purposes of
court venue for the termination of parental rights on
the grounds that the parent has committed an act
constituting sexual assault, sexual abuse of a minor,
or incest that resulted in the conception of the
child, consistent with section 11 of this bill.
Section 2. Conforms a cross-reference for purposes of
the exception to consent to adoption required
consistent with section 11 of this bill.
3:09:53 PM
Section 3. Authorizes the court to appoint a guardian
ad litem for cases involving petitions for the
termination of parental rights of a parent who has
committed an act constituting sexual assault, sexual
abuse of a minor, or incest that resulted in the
conception of a child under section 11 of this bill.
Section 4. Conforms a cross-reference for purposes of
a decree terminating parental rights on the grounds
specified under section 11 of this bill.
Section 5. Conforms a cross-reference for purposes of
inheritance rights retained after termination of
parental rights on the grounds specified under section
11 of this bill.
Section 6. Conforms a cross-reference for purposes of
appeal limitations consistent with section 11 of this
bill.
Section 7. Conforms a cross-reference for purposes of
restricting the inspection of papers and records
relating to a proceeding for the termination of
parental rights on the grounds specified under section
11 of this bill.
Section 8. Conforms a cross-reference for purposes of
the confidentiality of a child who is the subject of a
petition for the termination of parental rights or a
biological parent whose parental rights have been
terminated on the grounds specified under section 11
of this bill.
Section 9. Conforms a cross-reference for purposes of
preventing the disclosure of a natural parent's
identity when the parent's rights were terminated on
the grounds specified under section 11 of this bill.
Section 10. Conforms a cross-reference for purposes of
a court order for the preparation of a new birth
certificate without reference to a parent whose
parental rights have been terminated on the grounds
specified under section 11 of this bill.
Section 11. Restructures AS 25.23.180(c) to clarify
that termination for parental rights may be ordered in
an independent proceeding on the grounds that a parent
committed an act constituting sexual assault, sexual
abuse of a minor, or incest that resulted in the
conception of a child.
Section 12. Conforms a cross-reference for purposes of
providing the parties who may initiate a proceeding
for the termination of parental rights on the grounds
specified under section 11 of this bill.
Section 13. Conforms a cross-reference for purposes of
allowing the court, with certain limitations, to
vacate a decree terminating parental rights on the
grounds specified under section 11 of this bill.
Section 14. Conforms a cross-reference for purposes of
providing counsel for a respondent to a petition for
the termination of parental rights on the grounds
specified under section 11 of this bill.
Section 15. Conforms a cross-reference for purposes of
establishing that proceeding for termination of
parental rights on the grounds specified under section
11 of this bill do not affect civil remedies.
Section 16. Adds a new subsection to AS 25.23.180 to
clarify that a petition for termination of parental
rights for the grounds specified in section 11 of the
bill may be filed to initiate an independent
proceeding not connected to a petition for adoption or
a proceeding under AS 47.10.
Section 17. Conforms the citation for purposes of
legal representation and guardian ad litem services
through the office of public advocacy for the
termination of parental rights on the grounds
specified under section 11 of this bill.
Section 18. Describes how AS 25.23.180, as amended by
this bill, has the effect of changing court rules.
3:11:13 PM
REPRESENTATIVE EASTMAN asked, if the parental rights were
terminated for a rapist father, would this also result in
termination of any obligation for child support.
SENATOR GARDNER explained that once parental rights were
terminated, then the obligations were also terminated. She
reported that the mother could choose to bring a civil case for
inheritance rights or parental payments.
3:12:44 PM
CARMEN LOWRY, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault (ANDVSA), stated that they were in
support for the proposed bill. She reported that ANDVSA had
been working with the bill sponsor for two years to clarify
options available to rape survivors. She shared a brief which
described why they got involved in this work, which read:
As a collective voice for survivors of domestic
violence and sexual assault, ANDVSA has an interest in
representing the needs of survivors of sexual assault
in demonstrating the impact of any law on those
survivors and their families and ensuring that current
and future survivors are not negatively impacted by
law precedent. At the coalition level and through our
member programs and affiliates, we work to help
survivors' recovery, protect their autonomy, and end
an intergenerational nature of violence and limit
barriers to justice.
MS. LOWRY reiterated how important it was to expand and clarify
options. She declared support for the proposed bill.
REPRESENTATIVE TARR asked if there were financial resources to
support the family outside of the traditional social safety net
programs.
3:16:07 PM
TRACY SPARTZ CAMPBELL, Deputy Director, Central Office, Office
of Children's Services, Department of Health and Social
Services, said that there were public assistance resources and
other programs to help with support. She said that she was not
aware of any available programs other than community-based
resources.
REPRESENTATIVE TARR asked if her division interfaced with the
violent crimes compensation board.
MS. SPARTZ CAMPBELL replied that they did have clients involved
with that program, although it was primarily initiated through
the legal system.
3:17:40 PM
NANCY MEADE, General Counsel, Administrative Staff, Office of
the Administrative Director, Alaska Court System, in response to
questions from Representative Tarr, explained that once parental
rights were terminated, the responsibilities were also
terminated; and therefore the probability, even though there had
not been a Supreme Court decision, was that child support would
expire. However this termination did not affect the rights of
anyone to obtain legal and equitable civil remedies for any
injuries and damages arising out of the offender's conduct. She
noted the victim of a violent act could come to the Violent
Crimes Compensation Board to receive bridging funds until there
was resolution, at which point the offender would need to pay
the funds back to the board.
REPRESENTATIVE TARR asked about a circumstance when a woman did
not want to press criminal charges but would otherwise want to
proceed with the termination of parental rights and a civil case
for damages.
MS. MEADE said that was correct and explained that the proposed
bill did not require any criminal finding.
REPRESENTATIVE SULLIVAN-LEONARD directed attention to page 4 of
the Legislative Legal Services report and asked about the
federal dollars to Alaska for two formula grant programs, the
Stop Violence Against Women and the Sexual Assault Services.
She asked for an overview to the available funding, and how a
victim may be able to attain any of this funding.
MS. MEADE replied that federal funding was not her area of
expertise.
3:22:32 PM
MR. GRABMAN reported that, in FY17, Alaska had been awarded an
additional $34,575 for having AS 25.23.180(c)(3) which allowed
for termination of parental rights in such cases. He shared
that the total of federal funds given to Alaska through the
sexual assault services and the violence against women programs
was about $1.2 million.
3:23:34 PM
REPRESENTATIVE SULLIVAN-LEONARD asked if it was necessary for
the victim to request the grants.
MR. GRABMAN opined that this money was for generalized purposes
as opposed for specific victim compensation.
3:24:39 PM
REPRESENTATIVE TARR shared that the non-profit organization
"Victims for Justice" had wanted to split the funds because they
worked with individual victims.
MS. LOWRY confirmed that the federal funds that were specific to
the Stop Violence Against Women grant and to the Sexual Assault
Services grant went directly to the council, which were then
bundled with other funds and allocated to grantees. She stated
that the Sexual Assault Services funds had to be used and
tracked correctly for services to sexual assault survivors and
for trainings and things related to sexual assault.
3:26:08 PM
REPRESENTATIVE EASTMAN asked if there would likely be weight
given for this in a civil action for damages if someone had
already lost their parental rights under this provision.
MS. MEADE explained that the proposed bill did not create a
civil remedy to sue, but that in a civil action there would be
information about the history of the parties. She pointed out
that this civil action had a much lower burden of proof than
what was necessary to terminate the parental rights.
3:27:52 PM
REPRESENTATIVE EASTMAN asked how this law would be applied in an
indirect situation, such as if a parent hired someone to rape
their child.
MS. MEADE said that she could not speculate on the answer.
3:29:50 PM
EPRESENTATIVE TARR asked if the rape of a child by a parent,
resulting in a child, happened very often.
MS. MEADE pointed out that Alaska had never had a case in the 30
years since the provision was in Alaska law.
3:31:01 PM
CHAIR SPOHNHOLZ offered her belief that the proposed bill would
not necessarily allow Alaska to attract additional federal
funds.
MS. LOWRY expressed her agreement.
3:31:51 PM
CHAIR SPOHNHOLZ opened public testimony on SB 134.
3:32:04 PM
MILES CURTIS said that he was the father of a rape survivor who
had conceived a child through rape. He stated that he was in
support of SB 134. He shared a personal story, reporting that
they had been in a custody trial for five years. He declared
that the courts and many attorneys were in error for determining
that the existing law did not apply or that there was not any
such law. He expressed his hope that this would allow people to
better understand it. He offered his belief that a fact-finding
case should be separate from a custody case. He noted that the
victim, in this case his daughter, commonly suffered from post-
traumatic stress disorder. He declared that the proposed bill
would help a few people.
CHAIR SPOHNHOLZ thanked him for his work to find a solution so
that others in a similar situation would have a more direct and
expedient route to justice.
3:35:27 PM
CHAIR SPOHNHOLZ closed public testimony.
SENATOR GARDNER shared stories of people contacting her with
similar stories to Mr. Curtis. In response to an earlier
question by Representative Eastman, she pointed to page 5, line
2 of the proposed bill, which referenced the biological parent.
For an incident where a rapist was hired, she opined that this
would be a different type of crime, with a different story.
3:37:29 PM
REPRESENTATIVE ZULKOSKY moved to report SB 134, Version 30-
LS1182\A, out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, SB 134
was moved from the House Health and Social Services Standing
Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 134 Support Document - Miles Curtis Support Letter 4.20.2018.pdf |
HHSS 4/24/2018 3:00:00 PM |
SB 134 |
| SB 134 Sectional Analysis Version A 4.20.2018.pdf |
HHSS 4/24/2018 3:00:00 PM |
SB 134 |
| SB 134 Sponsor Statement.pdf |
HHSS 4/24/2018 3:00:00 PM |
SB 134 |
| SB 134 Supporting Document - Leg Research Parental Rights for Children Conceived Through Rape.pdf |
HHSS 4/24/2018 3:00:00 PM |
SB 134 |